Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02a
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The reciter: Amr ibn Abbas narrated to us, Abd al-Rahman narrated to us, Sufyan narrated to us from Abu Qays from Hazil, who said: Abdullah said: .
The Shaykh : This is the wording of Abdullah ibn Mas'ud, who said: "and what remains is for the sister", and he did not say: "and one-third is for the sister." This is in accordance with the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1615a.
The summary now is: Sisters with daughters fall into two categories: sisters on the mother's side, who are excluded and have no inheritance; and full sisters or sisters on the father's side, who are residuary heirs, meaning they take the position of a man. If their brother, had he been in their place, would have inherited as a residuary heir, then they inherit as residuary heirs.
The questioner : Now, if a Companion was not with the Prophet (peace and blessings be upon him), like this hadith in Yemen, and then he exercised independent legal reasoning, does this have the ruling of being traced to the Prophet?
The Shaykh : Yes, it has the ruling of being traced to the Prophet.
The questioner : Now, what if he made a mistake?
The Shaykh : If he made a mistake, the Lord of the Throne knows. We said that the divine decree of Allah (Mighty and Majestic) for a matter in the time of the Messenger (peace and blessings be upon him), even if the Messenger did not know about it, is considered traced to the Prophet in ruling and as a proof.
The questioner : ...
The Shaykh : Even outside of Madinah.
I will judge in this matter by the judgment of the Prophet (peace and blessings be upon him), or he said: The Prophet (peace and blessings be upon him) said: The daughter gets half, the daughter of the son gets one-sixth, and what remains is for the sister.
لأقضين فيها بقضاء النبي صلى الله عليه وسلم أو قال : قال النبي صلى الله عليه وسلم : للابنة النصف، ولابنة الابن السدس ، وما بقي فللأختThe Shaykh : This is the wording of Abdullah ibn Mas'ud, who said: "and what remains is for the sister", and he did not say: "and one-third is for the sister." This is in accordance with the saying of the Prophet (peace and blessings be upon him):
Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
ألحقوا الفرائض بأهلها فما بقي فهو أولى رجل ذكرThe summary now is: Sisters with daughters fall into two categories: sisters on the mother's side, who are excluded and have no inheritance; and full sisters or sisters on the father's side, who are residuary heirs, meaning they take the position of a man. If their brother, had he been in their place, would have inherited as a residuary heir, then they inherit as residuary heirs.
The questioner : Now, if a Companion was not with the Prophet (peace and blessings be upon him), like this hadith in Yemen, and then he exercised independent legal reasoning, does this have the ruling of being traced to the Prophet?
The Shaykh : Yes, it has the ruling of being traced to the Prophet.
The questioner : Now, what if he made a mistake?
The Shaykh : If he made a mistake, the Lord of the Throne knows. We said that the divine decree of Allah (Mighty and Majestic) for a matter in the time of the Messenger (peace and blessings be upon him), even if the Messenger did not know about it, is considered traced to the Prophet in ruling and as a proof.
The questioner : ...
The Shaykh : Even outside of Madinah.